The Scottish Government – Wildlife and Countryside

THE SNARES (IDENTIFICATION NUMBERS & TAGS) (SCOTLAND) ORDER 2012

Notice is hereby given under section 26(5) of the Wildlife and Countryside Act 1981 (“the 1981 Act”) that the Scottish Ministers, in exercise of the powers conferred on them by section 11A(8)(b), (c), (d), (e), (f), (g), (h) and (i) of the Wildlife and Countryside Act 1981 and all other powers enabling them to do so, have made the following Order: The Snares (Identification Numbers and Tags) (Scotland) Order 2012.

The Order (The Wildlife and Countryside Act 1981 (The Snares (Identification Numbers and Tags) (Scotland) Order 2012)) makes provision about identification numbers and the tagging of snares as identified below:

For the purposes of section 26(4)(a) of that Act they consider that no local authority is affected by this Order.

In accordance with that provision, they have given any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order.

In accordance with section 26(4)(b) of that Act, they have consulted Scottish Natural Heritage.

Citation and commencement

1.  This Order may be cited as the Snares (Identification Numbers and Tags) (Scotland) Order 2012 and comes into force on 22nd November 2012.

Interpretation

2.  In this Order —

“1981 Act” means the Wildlife and Countryside Act 1981;

“snare hardware” means the anchor and any other part permanently attached between the snare and anchor, excluding the tealer; and “training certificate” means a certificate issued by an approved body in accordance with article 3 of the Snares (Training) (Scotland) (No. 2) Order 2012.

Application for an identification number

3.  – (1) An applicant for an identification number to be issued under section 11A(4) of the 1981 Act must apply in person at a police station in the police area within which it is intended to set snares.

(2) The application must be made in the from set out in the Schedule to this Order and be accompanied by —

(a)  a fee of £20;

(b)  evidence of the identity of the applicant which must be in the form of photographic identification;

(c)  a training certificate obtained by the applicant; and

(d)  a recent passport size photograph clearly showing the face and shoulders of the applicant.

Evidence of training

4.  A chief constable is to be satisfied that an applicant for an identification number has been trained for the purposes of section 11A(4)(b) of the 1981 Act where he or she is satisfied that a training certificate has been issued to the applicant.

Issuing of identification numbers

5.  — (1) An identification number to be issued to an applicant by a chief constable must be sent by registered or recorded delivery post.

(2) When an identification number is issued under paragraph (1) by a chief constable other than the Chief Constable of Strathclyde Police, the chief constable must notify the Chief Constable of Strathclyde Police and provide him or her with the details required for the records to be kept in accordance with article 6.

Record keeping

6.  – (1) The Chief Constable of Strathclyde Police must, in a centrally held register, keep records of —

(a)  identification numbers which have been issued in all police areas;

(b)  and details of the persons to whom they have been issued.

(2) Information from records kept in accordance with paragraph (1) may be shared with the Scottish Ministers.

Tags

7.  – (1) Tags to be fitted for the purposes of section 11A(2) of the 1981 Act must be made from plastic or metal.

(2) Tags must be attached either —

(a)  directly to the snare or to the snare hardware; or

(b)  by —

(i)  a length of wire; or

(ii)  a plastic cable tie,

that will securely attach the tag to the snare or snare hardware so that the tag cannot be easily removed.

(3) For the purposes of section 11A(2)(c) of the 1981 Act, where the snare is intended to catch—

(a)  brown hares, the letters “BH” must be displayed on the tag;

(b)  rabbits, the letter “R” must be displayed on the tag; or

(c)  foxes, the letter “F” must be displayed on the tag,

In addition to the identification number required by section 11A(2)(b) of the 1981 Act.

The Order will be published by Her Majesty’s Stationery Office and will be available on the website of the Office of Public Sector Information (http://www.opsi.gov.uk ).

Jonathan Young

The Scottish Government, Wildlife and Protected Areas, Natural Resources Division, Directorate for Environment and Forestry, Area 1-D North, Victoria Quay, Edinburgh, EH6 6QQ. Tel: 0131 244 2671.